What is "Standard Visitation"?
If you live in the Mobile-Baldwin County area and are going through a divorce or are about to go through a divorce, have you ever wondered what sort of visitation the non-custodial parent will be granted? It is a question that many in this situation ask about and is one that is usually easily answered, despite the differences in the way this issue is handeld in our local counties.
In theory, a domestic relations and/or Juvenile Court Judge has very wide discretion to fashion particular visitation schedules in each case depending on the facts and circumstances of that case. In reality, however, most Judges in this area have developed their own "standard visitaion" schedules that they put in their orders. These can vary slightly from the basic order as well. For instance, in Mobile, a Wednesday night can be added if the parties ask for it, but the Courts will not allow much more that that, despite an agreement between the parties. However in Baldwin County, Wednesday night is part of the standard order. Also, Baldwin County Judges will allow the parties to share custody where the children spend an even amount of time with each parent (two weeks with one and two weeks with the other, for example). The following are the "highlights" of the normal visitation orders in different courts in this area.
In Mobile County it is as follows:
-Every other weekend from Friday at 6pm to Sunday at 6pm.
-One month during the Summer.
-One week at Christmas beginning at 2pm on Christmas Day.
-Thanksgiving and Springbreak holidays alternate in even and odd years.
In Mobile County Juvenile Court, Judge George Brown has a written Schedule that is given to each party and is included in all of his orders, basically word for word. It is several pages and very specific, but generally it is as follows:
-Every other Weekend Friday at 6pm to Sunday at 6pm and including each school holiday that falls on the Friday or Monday when that parent exersizes visitation.
-One month during the Summer.
-One week at Christmas beginning at 2pm on Christmas Day.
-Thanksgiving and Springbreak holidays alternate in even and odd years.
In Baldwin County Domestic Relations and Juvenile Court there is also a written order that is included in each order but generally it contains the following:
-Every other weekend from Friday at 6pm to Sunday at 6pm.
-Every Wednesday night
-Six consecutive weeks during the Summer.
-One week at Christmas beginning at 2pm on Christmas Day.
-Thanksgiving, and many other holidays are alternated in even and odd years and springbreak is divided equally.
One thing about these "standard" visitation schedules is that the parents are free to develope their own schedules as they see fit no matter what the Judge's order states. The order only applies when the parties cannot agree on their own schedule and serves as a minimum amount of time the non-custodial parent will get to exercise visitation.
My question is how can Alabama consider this "standard visitation" to be specific. The month allowed in the summer has no dates connected with order. We are in Texas and have been repeatedly asking for dates with the ex that would work for both parties and have been denied. In Texas the order states that the noncustodial parent has until May 15th to notify custodial parent of requested visitation if not it is set at June 1-3o of July 1-30 depending on what year your divorce was final. Pretty cut and dry. We are now stuck with having to get another attorney to file contempt charges and are planning to ask for a set date for every summer henceforth to avoid this problem. Texas standard order is very detailed even specifies time alloted on birthdays. My fiances divorce order is a total of three pages with nothing specific other than Christmas which we have never been allowed to pick up the children on Christmas day. What is the best way to approach this? Do we need to hire an attorney from texas or from Alabama? Is there an updated order that may be more specific that we are unaware of? What steps should be made to file contempt of court charges? Any help would be greatly appreciated .
Thank You
Angie- Texas
what if my 11 year old refuses to visit her dad on the scheduled visitation times?
what is the visitations for the mother when the father has the child for his month for the summer ? do she get the weekend wisit ?
What happens if my 10 almost 11 year old does not want to come and visit me according to the visitation schedule. She is becoming more involved in extra cirricular activities and says visitation is interferring and does not like coming to my home. I do not like taking her to parties etc, I prefer she spend time with me.
i was wondering if it is considered by the alabama family contempt if one parent has prevented the other parent from seeing children for over a year. father has paid cs on time for many years, pays insurance and regularly receives bills for other medical and things for school and pays those. everytime i try and se my kids they are unavaialable. their mother will not let me call their home and the only way i can communicate w/ them is by their cell phones. one child is 16 and the other 14. i need to know what my legal options are as i stated she will take them out of town and make sure i can't pick them up at home. i live on another state and regularly made visits evry other weekend and holidays for 9 years now all of the sudden nothing.
Denise,
Yes, it is considered contempt of court to deny the visitation rights spelled out in the divorce decree. You should speak to a lawyer about the possibility of filing a motion for contempt against your former spouse. Good luck to you.